Civil Case

7th Circuit: Company responsible for debts

May 3, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.
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Ball State police still face excessive force lawsuit

May 3, 2016
 Associated Press
A federal judge’s recent ruling means Ball State University will have to settle or defend itself at trial in a two-year-old civil rights lawsuit filed by a hip-hop artist.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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Judge clears ‘Stairway to Heaven’ copyright case for trial

April 13, 2016
 Associated Press
A trial is needed to determine if Led Zeppelin’s “Stairway to Heaven” copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.
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Indiana trooper fired for proselytizing on duty to motorist

April 8, 2016
 Associated Press
The Indiana State Police fired a trooper who is facing a second lawsuit accusing him of preaching to citizens while on duty, saying Thursday he disobeyed a written order to stop the practice.
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Motor vehicle accident: Noblesville collision

April 6, 2016
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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Court upholds total population count in electoral districts

April 4, 2016
 Associated Press
The United States Supreme Court has unanimously upheld a Texas law that counts everyone, not just eligible voters, in deciding how to draw electoral districts.
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Republic, Delta settle lawsuit, strike deal to continue flights

March 25, 2016
 Bloomberg News
Delta Air Lines Inc. has settled its lawsuit against Republic Airways Holdings Inc. in which it accused the Indianapolis-based carrier of failing to operate a full schedule of flights as promised.
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High court won’t hear appeal in NFL video game lawsuit

March 21, 2016
 Associated Press
The Supreme Court of the United States is staying out of a dispute between game maker Electronic Arts Inc. and former National Football League players who accuse the company of using their likenesses in the popular Madden NFL video game series without approval.
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Anthem slaps lawsuit on Express Scripts over drug pricing

March 21, 2016
 Associated Press
Blue Cross-Blue Shield health insurer Anthem is suing pharmacy benefits manager Express Scripts over prescription drug prices.
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Jury weighs punitive damages after $115M Hogan sex tape verdict

March 21, 2016
 Associated Press
Jurors will consider punitive damages against Gawker Media after already awarding former professional wrestler Hulk Hogan $115 million in a lawsuit over its online publication of a sex tape.
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Long-running case over subdivision plan decided

March 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals decided a case that dragged on in the federal court system for nine years Thursday.
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Ex-Subway pitchman Fogle faces lawsuit from victim

March 17, 2016
 Associated Press
Former Subway pitchman Jared Fogle is being sued by a girl who's one of the victims in the sex crimes case that sent him to prison for more than 15 years.
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Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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Shot officer’s suit against gun dealer splits COA

March 17, 2016
Dave Stafford
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
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Justices take 3 new cases, split on others

March 7, 2016
Scott Roberts
The Indiana Supreme Court approved transfer to three cases last week involving duties of social hosts, compensation for teachers’ ancillary duties and jury instructions in a drunken-driving case. Justices were split 3-2 on four other petitions for transfer.
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2 former day care workers ordered to pay $2.3M in boy's death

February 12, 2016
 Associated Press
Two former workers at a suburban Indianapolis day care where a 5-month-old boy died in 2013 have been order to pay the child's parents more than $2.3 million.
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Expunged criminal records still may show up and might be required in some cases

January 13, 2016
Dave Stafford
If you’ve stayed out of trouble for the required number of years, Indiana’s expungement statute will erase your criminal record and give you a clean slate. (Individual results may vary.)
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Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015
Jennifer Nelson
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Retired AM General CEO wins Supreme Court pay dispute

December 17, 2015
Dave Stafford
The former president and CEO of South Bend-based AM General LLC was due the full benefit of a long-term incentive plan in cash when he retired, the Indiana Supreme Court ruled Wednesday.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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Justices block Alabama court order in lesbian adoption case

December 14, 2015
 Associated Press
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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